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Frequently Asked Questions on DUI

Answers from Our Montgmery County DWI Attorney

If this is my first DWI offense, do I really need to hire a defense lawyer?

Even if this is your first offense DWI, you may still face jail time, fines and license suspension, along with a number of other penalties if you are convicted. A Montgomery County DWI lawyer can offer you the representation you need so you can avoid these penalties and move on with your life.

What is an ALR Hearing?

ALR stands for Administrative License Revocation. An ALR Hearing is an administrative hearing which is conducted by the Texas Department of Public Safety (DPS) regarding the suspension of a person’s driver’s license.

Are ALR Hearings mandatory? Why should I schedule one?

While you are not required by law to schedule your ALR Hearing, your failure to do so within 15 days of your Montgomery County DWI arrest will result in the automatic suspension of your driver’s license. Fortunately, your attorney can schedule this hearing for you and offer you legal representation during the hearing in order to help you reach an outcome which is beneficial to you.

If my license has been suspended, can I get an occupational license?

If you were convicted of drunk driving and your driving privileges were suspended or revoked, you may be able to apply for an occupational driver’s license, which gives you restricted driving privileges. With an occupational license, you can drive to and from work, school and for household needs. There are certain qualifications you must meet, and you must apply for and be granted a court order in order to apply to the Department of Public Safety for an occupational license. A Montgomery County DWI lawyer can help you with this, to give you the best opportunity of getting your restricted license.

I was driving and was involved in an accident where another driver was injured, and I was arrested for drunk driving. Will I face other charges as well?

It is possible that you may face DWI with injury charges, which is a
felony DWI offense in Texas. DWI with injury is a serious offense and involves an intoxicated driver causing an auto accident which results in serious bodily injury to another driver or to a passenger/s. Penalties for this offense may range from 2 to 10 years in state prison.

Do I need to submit to field sobriety tests?

Field sobriety tests are not required by law, and you may politely refuse to submit to these tests. (This includes such tests as the One Leg Stand, Walk and Turn or ABC test.)

Do I need to submit to a breath test or blood test?

Under Texas Implied Consent Law, if you refuse a breath or blood test your driver’s license may be suspended. By having a Texas driver’s license, you have consented to receive chemical testing if you are arrested for DWI. While it is possible to refuse a test, your refusal will have consequences.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.